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Madras High CourtWP(MD)/280/2024disposed of

Muruganandham v. The Administrator

2024-03-12Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P(MD)Nos.277, 279, 519 to 522 of 2024 W.P(MD)No.280 of 2024:

Muruganandham ... Petitioner Vs The Administrator, ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the proceedings of the Impugned Order in Na.Ka.No.3556/2017-18/E1, dated 18/12/2023 on the file of the Respondent and to quash the same. W.P(MD)No.497 of 2024:

Alagarsamy ... Petitioner Vs The Administrator / Joint Registrar, ... Respondent 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the proceedings of the Impugned Order in Na.Ka.No.3556/2017-18/E1, dated 23/12/2023 on the file of the Respondent and to quash the same. W.P(MD)No.498 of 2024:

Dhanasekaran ... Petitioner Vs The Administrator, ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records relating to the proceedings of the Impugned Order in Na.Ka.No.2932/A/2017-18/E1, dated 18/12/2023 on the file of the Respondent and to quash the same. For Petitioner : Mr.G.Prabhu Rajadurai (In all cases) For Respondent : Mr.D.Shanmugaraja Sethupathi (In all cases) COMMON ORDER Pursuant to the conviction of the petitioners in a criminal case, order of termination came to be passed by the respondent by invoking Rule 149 (4) r.w 2/5

Section 77 of Tamil Nadu Co-operative Societies Act. Challenging the same, these writ petitions came to be filed.

2. The respondent has filed a counter affidavit and the learned counsel for the respondent submitted that aggrieved over the impugned orders, the petitioners should have filed revision under Section 153 of the Tamil Nadu Cooperative Societies Act, instead of filing these writ petitions. The said provision of Section 153 of the Act makes it clear that the Registrar, on application from any aggrieved person, shall call for and examine the record of any officer subordinate to him or any officer of the registered Society and examine in respect of any proceedings under the Act or the Rules or By-laws as to the regularity of such proceedings, legality or propriety of any decision passed therein.

3. In view of the said submission, without going into the merits of the case, this Court dispose of these writ petitions directing the petitioner to file a revision before the respondent under Section 153 of the Tamil Nadu Cooperative Societies Act and the respondent, on receipt of the same, is directed 3/5

to dispose of the revision within a period of ten (10) weeks from the date of receipt of application for revision from the petitioners.

4. With the above said observations, these Writ Petitions stand disposed of. No csots. Consequently, connected Miscellaneous Petitions are closed. 12.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes gbg To The Administrator / Joint Registrar, 4/5

L.VICTORIA GOWRI, J.

gbg ORDER IN 12.03.2024 5/5